What is a Guardian or Conservator?

A guardianship is established when a person is no longer able to care for himself/herself or his/her estate.

A guardianship is established by filing a petition in the Probate Court in the county where the person lives.

The Probate Court Judge, based upon the evidence, will determine if the person is capable of handling his/her person or estate or neither.

If the Judge determines that the person is unable to handle himself/herself or his/her estate or neither, then the Judge will determine the person to be incompetent and appoint a guardian for that person or that person’s estate or both.

There can be a guardian of the person and a different guardian of the estate, or one person can serve as both.

Often a bank trust department will be appointed as guardian of the estate, and a relative or friend will be appointed as guardian of the person.

The guardian is responsible for reporting to the Probate Court Judge on his/her/its activities and is required to get the Judge’s approval on these activities each year.

A minor is considered an incompetent person, and a parent, grandparent, family member or friend can be named as the guardian of a minor and/or of a minor’s estate. A bank can be appointed as the guardian of a minor’s estate.

Conservatorship

A conservatorship is similar to a guardianship except the conservator only serves over the ward’s estate and is appointed to help the ward conserve his/her estate.

The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We ask you to contact us by telephone, letter or electronic mail. However, contacting us does not create an attorney-client relationship. Please do not send us any confidential information until requested.